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"Lorient . . . misappropriated these sums for purposes other than contract work," said a Del Frisco's lawsuit filed in federal court in March.
Del Frisco's Philadelphia story began several years ago, when the Texas company began to scout locations.
At first, said former Del Frisco's executive Terry White, the company chose the Union Trust bank building at Seventh and Chestnut Streets.
Now there is a rival steak house by that name there - a project that cost $12 million to build and a project that required much less complicated venting for the steak house's powerful broilers.
Ultimately Del Frisco's settled on the First Pennsylvania building, selected a contractor, and began work in June.
Adding up what Del Frisco's said it paid and what the subcontractors said they were owed, the Del Frisco's price is about $14 million.
To hear the subcontractors tell it, it was a remarkable project in many ways.
First of all, it was remarkably unorganized, with plans and blueprints in a state of flux. The building delivered its own set of surprises, with asbestos found behind the mechanical units.
Change orders flew, but Lorient and the Del Frisco's construction managers always told them, the subcontractors said, that the job had to be done in time for the busy holiday party season. The restaurant opened in November.
"Money was not an issue. Schedule was. It was an open-checkbook project," said Casey Duffy, who heads Delaware Valley Remediation L.L.C., of Bala Cynwyd. He said he was owed $844,000.
Also remarkable was a commitment to the project. Contractors ended up doing jobs well out of the scope of their contracts, just to get the restaurant open. The remediation company sent in an overnight cleaning crew to scrub up the kitchen in advance of the health inspectors.
That is a job usually handled by kitchen staff.
Pollack, Del Frisco's attorney, agreed that timing was key, and to get the doors open, Del Frisco's settled for changes that would make the restaurant less magnificent.
Early invoices were getting paid, but later bills were not. At first, subcontractors could get Lorient on the phone, but then communication dried up.
Pollack said Del Frisco's is reaching out to try to settle claims, but some of the claims are inflated. Duff and DiMezza said it had been weeks since they had heard from Del Frisco's.
In a phone interview Wednesday, regional manager Ray Risely read a statement saying that Del Frisco's is trying to settle with the subcontractors even though Del Frisco's said there was no obligation to do so. "We are willing to go this extra mile, this extra 10 miles, because we have a commitment to this restaurant and this city," the statement said. "Our commitment will not be derailed by organized bullying and smear tactics."
Protesting outside, the subcontractors said they were urging diners to patronize other steak houses.
Most passersby brushed aside the men, but former teacher Judy Spiller said that if the subcontractors' complaints were true, "it's unethical. How dare they? Here they are operating this upscale restaurant and they owe plumbers and carpenters?"
Heating subcontractor DiMezza said he would like to get paid. "This situation is basically breaking my business," he said, as his sons listened. "My customers are afraid to do business with me."
He said that in this frozen-credit environment, he cannot get performance bonds for jobs any larger than $500,000 because he is owed so much money. Before, he often had million-dollar-plus contracts. He now has 25 men working; before, he employed 80.
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